Deeds Registered in the Books of Council & Session

The following list, though not exhaustive, gives an outline of many of sorts of documents registered in the Books of Council and Session and details important points with regard to each. In all cases the General Requirements for Deeds Being Registered in the Register of Deeds and Probative Writs in the Books of Council and Session and Requirements for Execution should be followed.

Affidavit

An affidavit is a sworn statement made before a notary public. If name and address design the notary public, then no further witness would be required. Affidavits must be signed by the parties themselves and not by their agent or a power of attorney, since only the granter of the affidavit is in the position to make a sworn or affirmed statement that a certain state of affairs exists.

Agreement

Many different types of documents are headed agreement, however, this may be a general term and the deed may in actual fact be another deed type, for example a lease or a licence. Registration staff are not concerned with checking the actual terms of the agreement. However, the deed must be examined to ensure that it is self-evidencing and meets the General Requirements for Deeds Being Registered in the Register of Deeds and Probative Writs in the Books of Council and Session and Requirements for Execution. The most common type of agreement registered in the Books of Council and Session is the separation agreement. Such agreements seek to regulate the position of the parties on and during separation and are generally prepared between two different solicitors, one acting for each party. Consequently, it is quite common to notice small details being omitted from the deed even though spaces have been left for them, for example, car registration numbers or insurance policy numbers. These are not fatal errors, however, it is advisable to contact the presenting agent to check whether or not they are concerned by the omissions. If in doubt, refer to the referral officer or the CAJR Team Leader.

Arbitration Award

An arbitration award can be registered for execution where the prior arbitration agreement has been registered for execution. This is governed by section 12(5) of the Arbitration (Scotland) Act 2010.

Assignations

Several types of assignation are registered in the Books of Council and Session, for example, insurance policies or training contracts for new solicitors. These are examined to ensure that they meet the General Requirements for Deeds Being Registered in the Register of Deeds and Probative Writs in the Books of Council and Session and Requirements for Execution. Assignations of leases, however, do require to be examined more thoroughly, in particular for LBTT. 

Training contracts for new solicitors

It is common for training contracts for trainee solicitors to be submitted to the Books of Council and Session. The Law Society specifically include the following in their guidance on this subject:

• The Law Society’s requirement that the training contract be entered into with an “employing solicitor”; and
• The fact that the contract also needs to meet the requirements of the 1995 Act so that it can be registered in the Books of Council and Session.

In cases where the nature of the body granting the contract is not clear, it is acceptable to accept the Law Society’s confirmation (which would ultimately come from the parties to the deed) as to the nature of the body and the appropriate requirement in the 1995 Act. For example where the body employing the trainee solicitor is a housing association or charitable organisation rather than a traditional legal firm.

Assumption and Conveyance

When new trustee(s) are added to an existing trust a deed of assumption is executed. It is usual for all trustees to sign the deed, however, in terms of section 7 of the Trusts (Scotland) Act 1921 it is acceptable for a quorum of trustees to execute. Section 3(c) of the 1921 Act provides that unless the contrary is expressed, a quorum shall be the majority of the trustees accepting and surviving. See also, Deeds by Trustees Executed only by a Majority of Them.

Bonds

A bond creates an agreement between a debtor and a creditor and will set out the conditions, which the parties must adhere to. The consent for execution often makes reference to a certificate covered in 'Certificates attached to execution deeds' in General Requirements for Deeds Being Registered in the Register of Deeds and Probative Writs in the Books of Council and Session.

Certificate of Indebtedness

This will be submitted with an execution deed such as a Guarantee.

When submitted together, both are registered as one document for execution. The execution deed must be witnessed (it requires to be a self-proving deed) but the certificate may be signed only (it does not require to be self-proving). There must be a degree of cross-referral between the two – if there have been name changes etc., then a link must be established within the certificate.

If a certificate is submitted by itself, subscription must be witnessed. Registration officers must then check C&S to confirm that a deed has been registered previously for execution. If so, the certificate is given the execution warrant. Again, a degree of cross-referral with the original deed is required.

Confirmation

A confirmation is issued by the commissary section within a Sheriff Court. The deed passes the title of a deceased's estate into the hands of their executors. Confirmations cannot be registered in the Books of Council and Session as they are not self-evidencing, however, a certificate of confirmation with a docket endorsed thereon can be registered. This deed has the effect of conveying the title from the executor to the beneficiary entitled to the subjects, for example a person named in the will. Only the docket is self-evidencing and the deeds must be examined to ensure that the docket and certificate are sufficiently linked.

Codicil

An individual may draw up a codicil to modify the terms of the original will. This may change details of the will or outline new bequests. Wills and codicils are usually sent in for registration together and in this case are treated as a single document. It is also acceptable to register a codicil separately.

Decree

Court decrees are not self-evidencing deeds and therefore cannot be registered. The only exception would be if there was a statutory authority to register a particular type of decree or if the Court of Session granted warrant for registration, allowing the decree to be registered.

Decree Arbitral and Deed of Submission

Parties can draw up a deed of submission granting an arbitrator power to make a decision on a case between them. The deed of submission should be probative and contain a consent to registration of the decree for preservation and execution. The decree will not usually be self-evidencing, but is registered with the deed of submission and an execution warrant is granted. It is possible to register the two deeds separately, however, in these circumstances, both would require to be self-evidencing. In this case the decree would still be given an execution warrant if this was provided for in the previously registered submission.

Declinature

An executor may formally decline the opportunity to act as an executor. A deed of declinature can be registered separately, however it is also possible to register such deeds along with the will.

Discharge

Occasionally discharges are registered in the Books of Council and Session and they can take many forms. Examples are a discharge of legal rights under a will or a discharge of inhibition, which can be registered once it has been registered in the Register of Inhibitions.

Extracts

In general, the register of deeds holds original deeds only. Extracts from other registers were deemed unacceptable, as they were essentially copies of original deeds. However, this policy was challenged on the basis that an extract could be used as the original for any other purpose. It was argued that to deny the right to register a sasine extract would effectively preclude the use of the execution consent within the deed. The Keeper was persuaded by this argument and the policy is now as follows:

• A sasine extract containing a clause of consent for execution will be accepted for registration.
• An extract for preservation only will not be accepted for registration.
• Any other extract will not be accepted for registration unless there is a statutory authority permitting it.

Following the same reasoning, this policy was extended to allow the registration of Land Register Office Copies.

Family Arrangement

The beneficiaries to a will may decide to distribute the deceased's estate in a different way to that stated in the will itself. This is done by a deed of family arrangement. All parties concerned must sign the deed.

Foreign documents

If a document is not valid or self-evidencing under Scots Law, but is valid under the law of the country where it was executed, then it is possible to register it in the Books of Council and Session. The agent must, however, produce a letter from a solicitor in the country where it was executed stating that it is executed in accordance with the required formalities of that country and is therefore legally valid in that country. Section 6(3)(c)(iii) of the 1995 Act authorises registration in the Books of Council and Session if the Keeper is satisfied that the document is formally valid according to the law governing its validity. A common example of this is the registration of a will executed in England, as such deeds do not have to be signed on every page as is a requirement of a will drawn up in Scotland. A certified translation is also required if the document is not written in English.

Guarantee

A guarantee of the debtor’s obligations under a standard security (or other deed with monetary obligation) may be effected by the principle debtor and by a guarantor in the standard security (or other deed with monetary obligation) itself, or by means of a separate guarantee. In the case of a separate deed, registration officers should check that the standard security (or other deed with monetary obligation) is properly identified in the guarantee and that the deed is signed by the guarantor.

Guardianship (Deed of)

A Deed of Guardianship is used to allow a parent to nominate a guardian(s) for their children in the event of the parent's death. These deeds are governed by the terms of Section 7 of the Children (Scotland) Act 1995. The deed is registered in the name of the grantor of the deed, being the parent who is nominating the guardian(s).

Land Tribunal Extract Order

Orders of the Lands Tribunal for Scotland may be recorded for execution in the Books of Council and Session and are enforceable accordingly. This is in terms of section 3(12)(c) of the Land Tribunal Act 1949, substituted by section 50(2)(d) of the Conveyancing and Feudal Reform (Scotland) Act 1970. Extract Orders of the Lands Tribunal are signed by the members of the Tribunal who made the decision, but not witnessed. They are also signed by the clerk to the tribunal, or by his depute and sealed. They are automatically given an execution warrant.

Leases

Leases are commonly registered in the Books of Council and Session. In addition to the General Requirements for Deeds Being Registered in the Register of Deeds and Probative Writs in the Books of Council and Session and Requirements for Execution, LBTT must be considered.

Annexations to Leases

Annexations are covered within General Requirements for Deeds Being Registered in the Register of Deeds and Probative Writs in the Books of Council and Session and also at Deeds with Annexations. However, as leases often contain annexations the following should be reiterated.

Registration officers should ensure that there is a direct two way link between any annexation to a document and the particular deed to which it relates. The property description may be enough to link the annexation to the deed if it is referred to in both. If this is the case, a formal docket may not be required.

Annexations containing photographs should all be signed in terms of section 8(2)(c)(i) of the 1995 Act.

Annexations, which do not describe or show the land concerned, do not need to be signed, as the 1995 Act provides, with certain exceptions, that an annexation to a document is incorporated in the document if it is referred to in the document and identified on its face as being the annexation referred to, whether or not it is signed. If, however, the deed refers to the annexation as being signed, then the annexation must be signed. Failure to sign in this situation could mean that the schedule has not been properly identified within the terms of the Act.

Licence

A licence is very similar to a lease in that property is let by a landlord to a tenant, usually for a specific period of time. However, the main difference is that a licence, unlike a lease, does not give an exclusive right to the tenant to use the property. For this reason no stamp duty is payable. The main types of licence registered in the Books of Council and Session are licences to erect telecommunications equipment, however, there could be other reasons why non-exclusive rights to use a property could be granted.

Difficulties can be caused by an agent backing up a document as a licence, when the deed may in actual fact be a lease. In some cases the lease or licence differential may be difficult to fathom. If in doubt refer to a referral officer or to the CAJR Team Leader.

An example of the problems experienced in determining the difference between a lease and a licence is illustrated by the following case. A particular company was regularly submitting licences for registration in the Books of Council and Session, some of which are stamped and some unstamped. The position was clarified with the agent, who pointed out that the Stamp Office treated those at ground level as leases, while those on rooftops were treated as licences. This is something which registration staff would not have been aware of.

Another type of unusual licence registered in the Books of Council and Session, is a licence to occupy on foreign land. Such deeds would appear to be leases in all but name.

Maintenance Orders

Section 17(2) of the Maintenance Orders Act 1950 enables maintenance orders from England, Wales or Northern Ireland to be transmitted to the appropriate court in Scotland for registration. The court can order this if it is apparent that the person liable to make the payment under the order resides in Scotland and it is convenient that the order be enforceable there. On receiving the transmitted certified copy of the maintenance order, the officer of the court enters it in the books of the court. After registration of the certified copy it is endorsed with a warrant for its registration in the register of deeds in the Books of Council and Session. The certified copy is then transmitted to the Keeper for registration. Registration officers should ensure that the maintenance order is a certified copy and that it contains the warrant of registration giving the authority to register it.

Missives of Let

Missives of let are usually in the form of a series of letters, which should be self-evidencing, between the landlord and the tenant or more usually, agents acting on their behalf. The letters are all registered together as one deed. The consent to registration for execution normally only appears in the offer letter, however, the acceptance by the tenant agrees to an execution warrant, unless the tenant opposes this in a qualified acceptance. Within the document itself, the same points should be checked as with a lease. However, annexations may only be cross-referenced to a particular letter and are usually only signed by one of the parties, which is acceptable.

Parental Rights Agreements

Parental rights agreements are in terms of Section 4 of the Children (Scotland) Act 1995. In terms of section 3 of the Act, a mother has parental responsibilities and parental rights whether or not she is, or has been, married to the child’s father. Fathers have parental responsibilities and rights only if married to the mother at the time of conception or subsequently. An unmarried father can obtain parental responsibilities and rights by entering into a parental rights agreement with the mother. This has the effect of giving the father the same parental rights they would have had if married.

The form of agreement is laid down in Statutory Instrument 1996 No.2549 (S.198). The regulations provide a form of agreement, which can be completed by the parties. However, the forms are not statutory as the regulations allow the use of a form "substantially to the like effect". This means that as long as the main clauses are included in the agreement, the deed can be registered in the Books of Council and Session.

In terms of section 4(2) of the Children (Scotland) Act 1995, to be effective the agreement must be registered in the Books of Council and Session.

Parental Rights Agreements - additional points

• The Statutory Instrument states that only one child can be included on a single form.
• Only the child's mother and father can enter into the agreement. Parental rights agreements have in the past been submitted to the Books of Council and Session involving grandparents or new partners. These are unacceptable.
• Two extracts must be provided, one for each parent, as this is one of the clauses in the agreed form.

Pension Sharing Agreement

A pension sharing agreement deals with the sharing of pension rights between a divorcing couple. The Welfare Reform and Pensions Act 1999 (‘the 1999 Act’) and Statutory Instrument 2000 No. 1051 (S.5) set out the terms of the agreement. The pension sharing agreement is annexed to the separation agreement setting out other financial considerations of the divorce.

Pension sharing agreements are coded separately from separation agreements in the Books of Council and Session. However, the wording of the 1999 Act has caused a difficulty. The legislation states that the pension sharing agreement should be annexed to and separable from the main qualifying agreement. The reason for this is to enable the annex to be forwarded to the appropriate Pension Company by either of the parties, to enable the agreement regarding the pension sharing to be carried out. In the Books of Council and Session the main qualifying agreement and the pension sharing agreement is registered as one document. Consequently, any extract once separated would no longer be an official extract, since it would differ from the document on the public record. For this reason the Keeper has concluded that the term ‘separable’ means that the annex could be dealt with separately, rather than being physically divisible or detachable.

Petition varying a Trust Deed

In terms of the Trusts (Scotland) Act 1961 a petition varying a trust deed can be presented to the Court of Session. A signed interlocutor of the court gives effect to their decision. The document varying the details of the trust can then be registered in the Books of Council and Session. The original trust deed may also have been previously registered. Registration officers should ensure that a certified copy of the arrangement among the trustees, varying the trust is submitted. In addition, the petition signed by a court official is required. Both deeds are registered together. These documents are cross-referenced with the original trust deed, so the registration officer must send a letter to the National Archives of Scotland informing them of the new details. The fact these deeds are not self-evidencing and are cross-referenced with other deeds makes them unique within the Register.

Power of Attorney

A power of attorney is a document by which one legal persona empowers a second legal persona to carry out some action on his, her or its behalf. The person appointed is called the attorney. See Power of Attorney at Legal Capacity for further notes regarding powers of attorney.

Powers of Attorney granted prior to 2 April 2001

Section 71(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 changed the position for powers of attorney granted on or after 1 January 1991. Prior to this date an attorney’s power to act ceased when the principal lost capacity. The 1990 Act amended the powers of an attorney to enable them to survive the incapacity of the principal unless they contain an express provision that the attorney’s powers are to end when the principal loses capacity.

The old style of power of attorney can still be registered in the Books of Council and Session and it is common for these to be submitted. These deeds simply require to be probative. The granter of the document appoints a person or firm to act on their behalf and details the tasks, which they have authority to complete, for example signing of documents, use of bank account etc.

Powers of Attorney granted after 2 April 2001

Part 2 of the Adults with Incapacity (Scotland) Act 2000 (‘the 2000 Act’) introduced new rules in respect of powers of attorney intended to survive loss of capacity. The Act applies to powers of attorney ‘granted’ on or after 2 April 2001. The Keeper takes this to mean powers of attorney executed by the principal on or after that date. The Keeper is aware of, but does not accept, an alternative argument that the Act intends ‘granted’ to mean the point at which the attorney accepts appointment.

Continuing Power of Attorney and Welfare Power of Attorney

The 2000 Act provides for two new types of power of attorney which continue to be effective after the principal has lost capacity. A ‘continuing power of attorney’ relates to the principal’s property and financial affairs whereas a ‘welfare power of attorney’ relates to questions of personal welfare, such as consent to medical treatment. (The 2000 Act has subsequently been amended by the Adult Support and Protection (Scotland) Act 2007 (hereinafter referred to as 'the 2007 Act')).

In addition to being subscribed by the granter, the power of attorney must contain a clear statement that the granter intends it to be a welfare or a continuing power of attorney (or both). The power of attorney must also contain a certificate in the form prescribed by the 2000 Act, signed by a solicitor, practicing member of the Faculty of Advocates or a registered medical practitioner. The certificate states that he has interviewed the granter immediately before subscription of the document, that he is satisfied that the granter understands the nature and extent of the power of attorney and that he has no reason to believe that the granter is acting under undue influence or that any other factor vitiates the granting of the power. From 5 October 2007 a certifying solicitor must be a "practising solicitor" (sections 57(1)(b)(i) and 57(1)(c) of the 2007 Act amend section 15 of the 2000 Act). This is defined as a solicitor holding a practising certificate issued in accordance with Part 2 of the Solicitors (Scotland) Act 1980 (section 57(9) of the 2007 Act), therefore it is not possible for a certificate to be granted by a solicitor not licensed to practice in Scotland. Unless there is something from the face of the certification that suggests the solicitor is not licensed to practice in Scotland (e.g. statement that the certifier is licensed to practice in England and Wales), the registration officer need not make any further enquiries.

Although the certificate cannot be signed until after the principal has signed the power of attorney, such a certificate is by statue then incorporated into and forms part of the power of attorney without being either witnessed or referred to in the testing clause of the power of attorney. Sections 15(4) and 16(4) of the 2000 Act stipulate that the person signing the certificate must not be named as an attorney in the power of attorney.

It must be noted that the certificate does not comply with section 8 of the Requirements of Writing (Scotland) Act 1995, as it is signed by a third party and not referred to in the body of the power of attorney. However, this does not cause any difficulties as the 2000 Act states that the power of attorney incorporates the certificate, therefore by statute it is part of the power of attorney.

The 2000 Act appoints a new public office, that of Public Guardian. Section 19(1) stipulates that a continuing or welfare attorney shall have no authority to act until the document conferring the power of attorney has been registered with the Public Guardian in his register. Initially the Books of Council and Session experienced problems as the Public Guardian retains the original Power of Attorney, but issues a certified copy. Where the intention was also to register the deed in the Books of Council and Session, this caused difficulties, as both parties cannot hold the original. This has been resolved, as the Public Guardian has advised that where the power of attorney has previously been registered for preservation in the Books of Council and Session, he will accept an extract. It was, however, agreed that the Books of Council and Session could not accept a certified copy from the Public Guardian.

Upon registering, the Public Guardian will issue the person applying for registration with a copy of the power of attorney, together with a certificate of registration. Section 19(4) of the 2000 Act provides that a copy continuing or welfare power of attorney which has been authenticated by the Public Guardian will be for all purposes sufficient evidence of the terms of the original.

Recall of Power of Attorney

Agents may enquire how they can terminate a previously registered power of attorney. This can be done by a document, where the attorney's rights are discharged by recall of his authority by the principal. Registration of a recall is not, however, a requirement, nor does it give any further legal effect to the document. The recall would not be cross-referenced with the original power of attorney.

Other types of Power of Attorney executed on or after 2 April 2001

Section 18 of the 2000 Act provides that a power of attorney which is not a continuing or welfare power of attorney granted, certified and registered in terms of the Act has no effect during any period when the granter is incapable in relation to decisions about the matter to which the power relates.

It follows that any power of attorney granted by a natural person which is dated on or after 2 April 2001 and which does not meet the conditions of the 2000 Act is only effective for so long as the principal has capacity.

Deed of Resignation

A deed of resignation is drawn up by a trustee or trustees, who wish to resign from a trust. In terms of section 19(1) of the Trusts (Scotland) Act 1921 the deed may then be registered in the Books of Council and Session. The deed need only be signed by those resigning and not by any additional trustees

Standard Security

Standard securities can be registered in the Books of Council and Session after having been recorded / registered in one of the property registers. This is usually done to implement the execution consent. Certificates of debt may be added and extract or office copies are acceptable.

Will

A will can be registered in the Books of Council and Session. The following guidelines should be adhered to.

• A will requires the signature of the testator on each page.
• If a beneficiary witnesses a will, this is viewed as inadvisable, but not invalid.

Effect of the Requirements of Writing (Scotland) Act 1995 on testamentary documents

The general rule laid down by section 6 of the 1995 Act is that a document to be registered in the Books of Council and Session must be self-evidencing. This means that in the case of a document granted by an individual it must be subscribed by the granter and attested by one witness. If the document is patently not self-evidencing in some way, the Keeper has no power to accept it.

Wills are treated slightly differently by the 1995 Act. Wills like all other deeds may be subscribed under section 2 and attested under section 3 of the 1995 Act. Section 6(3)(c)(i) of the 1995 Act waives the normal self-evidencing requirement in relation to a testamentary document. Therefore wills can be accepted even if they are not witnessed. The basic registration requirement therefore becomes subscription by the granter.

Holograph Wills

It is acceptable to register a will written in the granter's own handwriting (known as a holograph will). However, for pre-1995 wills it is advisable to see a holograph will registered alongside affidavits by two people swearing that this is the deceased's handwriting. This is because an affidavit is required for confirmation purposes. For a holograph will executed prior to the 1995 Act coming into force on 1 August 1995 officers should return a holograph will submitted on its own, without an affidavit, advising the agent that it would be in their interest to also register the affidavit. If the agent does not wish to provide affidavits we should accept the application and register the will on its own.

For a holograph will was executed on or after 1 August 1995, we can accept it whether it is self-proving or not. The key requirement is that it must have been subscribed by the granter, and no additional evidence needs to be sought in relation to the granter’s handwriting and subscription in affidavits. 

Section 11(3)(b) of the 1995 Act states specifically that any rule which confers any privilege on a document, which is holograph or adopted as holograph, shall cease to have effect. This means that unauthenticated alterations to a holograph will or adopted as holograph will, which were accepted in the past, will probably no longer be acceptable. 

See Holograph for further information.

Wills – executed with a mark

Prior to 1995, a will could not be valid if it was signed by a mark i.e. a thumb print or ‘X’. The 1995 Act permits an initial or mark or name to be used for testamentary deeds, provided it is the granter’s usual method of signing and it is intended by the granter to be his or her signature.

Alterations in wills

Alterations in testamentary writings made before execution are treated in the in exactly the same way as alterations made to any other deed prior to execution. There are, however, special rules relating to alterations to testamentary writings which are made after execution. Section 5(2)(a) of the 1995 Act provides that the provisions relating to alterations in deeds are without prejudice to any rule of the law enabling any provision in a testamentary document to be revoked by deletion or erasure without authentication of the deletion or erasure by the testator. The effect of this is to preserve the rule of succession law that a will can be revoked by deletion by the testator. The principles regulating subsequent alterations in testamentary writings are based on the judgement of Lord McLaren in the case Pattison’s Trustees v the University of Edinburgh 1886 16 R 73. The position post 1 August 1995, according to Robert Rennie in his article ‘Requirements of Writing: Problems in Practice’ 1996 SLPQ 187, is as follows:

1. A holograph will, will not have any particular status, so alterations made to a holograph will after subscription will require to be treated in the same way as alterations to an attested will.
2. It is probably the case that rule 1 in Pattison’s Trustees v University of Edinburgh will apply to all wills. This means that if the signature is cancelled or a line is drawn through the operative clause, this will revoke the whole will, whether or not there is authentication, provided it can be proved that the deletion was made by the testator or on his or her orders. This may be difficult to establish without authentication. 
3. A deletion or an erasure of a specified provision or legacy in a will after the execution of the will by the testator will not receive effect unless it is authenticated by signature in terms of section 5(1)(b) of the 1995 Act. This is because rule 2 in Pattison’s Trustees required authentication of deletions at least by initialling and the privilege conferred on holograph writings is probably no longer of effect. It is doubtful whether initialling would suffice under the 1995 Act and it would be unsafe to assume that it did.
4. A new or substitute legacy will receive effect only if it is subscribed in terms of section 5(1)(b), because section 5(2)(a) refers only to deletion or erasure and not to substituted provisions. The existing rule 3 in Pattison’s Trustees makes it clear that interlineations and alterations of this type require authentication. Accordingly, subscription of such a substituted or new legacy will be required.
5. If the alterations are to have self-proving status, then, in addition to a signature being required, that signature would have to be witnessed in terms of Schedule 1 to the 1995 Act, although section 4 would still be available and the court could certify that the alteration had been subscribed.
6. Confirmation will not be issued by a Sheriff Court except in relation to a will which has been attested or certified under section 4 and presumably the same applies to alterations.

If there is any doubt as to the validity of alterations to a will, it must be borne in mind that such documents are often used after registration by the Commissioners Office of the Sheriff Court. In view of this, it is advisable that they examine any potentially defective deeds, prior to registration. Any issues with the validity of a will should be referred to the CAJR Team Leader in the first instance.